Home / Blogs / Motions to Strike or Dismiss and the Likelihood of Success

Motions to Strike or Dismiss and the Likelihood of Success

by | Feb 2, 2018

Typically, these motions would only be considered when too many documents were omitted from the Record on Appeal (the “Record”),
or if the Record included documents outside the scope of the issues argued in the brief. Under such circumstances,
the Court would most likely grant the motion in part, ordering the party originally responsible for the Record to correct/amend
the portions of the Record (and/or brief) in question, but denying the dismissal portion of the motion.
Essentially, the Court is not looking for a reason to dismiss an appeal outright on a technicality. The Court is much more
likely to require the correction of the Record to ensure the facts of the case are properly before the Appellate Division.

Keep in mind, part of the responsibilities of the clerk’s office is to make sure the appellate panel members are
receiving the exact same documents which were originally considered by the Judge in the Court of original instance. The
Appellate Division exists to hear appeals and decide cases on the merits and will make every effort to do so in
all cases, rather than dismissing an appeal on a technicality.

Recent Posts

The Importance of Presentation in Appellate Cases

Everyone from Abraham Lincoln to Steve Jobs has been credited with coining some version of the adage, “The best way to predict the future is to create it.” No matter who said it first, the idea seems particularly apt for lawyers mounting an appeal. Consider one of the...

The Role of Expert Appellate Services in Winning Appeals

Winning an appeal requires a precise blend of meticulous preparation, strategic thinking, and deep familiarity with appellate procedures. Expert appellate services can play a crucial role in this journey, providing invaluable support to attorneys at every step of the...

Wednesday Wisdom

Co-Appellants should file together for the same term. However, if one of the co-appellants is not ready for the term intended, a stipulation may be signed by all parties involved and filed with the court consenting to the next term.

Wednesday Wisdom

Once registered on NYSCEF, all reliefs must be filed via NYSCEF. Motions must be one PDF file, text searchable and bookmarked to be e-filed on NYSCEF or through any court's portal at the appellate level.

Blog Categories